Appeal No. 2005-1907 Page 7
Application No. 09/909,898
needed for operating the optical microscope for viewing the polymer mixture. We further agree
with Appellants that there is no contradiction in terms within the definition resulting in a failure
to understand how “mixed substantially uniformly” is to be limited (Brief, p. 2). A reasonable
reading of this definition indicates that it simply provides a means of observing the mixture and
creates a threshold maximum size for any phase separated domains within the mixture.
Turning to the prior art, we find that there is no evidence provided by the Examiner that
the mixture suggested by the combination of Terada and Tomoi would have the structure
required by claim 1, particularly the uniformity required by the definition of “mixed substantially
uniformly.” Terada describes ion exchange particles bound by a binder polymer. The Examiner
provides no evidence that the ion exchange particles and binder of Terada are mixed together
such that observation of the mixture under an optical microscope reveals no phases of more than
1 :m in size as required by the claim. In fact, Terada discloses a mixture of ion exchanger
particles bound by a binder which suggests discrete particles adhered to one another with the
binder. Terada discloses that the particle size of ion exchange particles is a minimum of 50 :m
(Terada, col. 3, ll. 27-38), a size much larger than 1 :m. There is further no evidence that the
heat-kneading or heat-mixing methods of producing the ion exchanger result in phases of less
than 1 :m. In fact, the ion exchanger can also be made by coating the ion exchange particles
with the binder, indicating that the ion exchange particles are intended to remain at the 50-1000
:m size (Terada, col. 3, ll. 27-39). Tomoi is relied upon by the Examiner only for the specific
chemical structure of the ion exchange resin. We cannot say that the Examiner has established
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007